Chapter 30
SIGNS¹

Art. I. In General, §§ 30-1 – 30-15

Art. II. Exempt and Prohibited Signs, §§ 30-16 – 30-28

Art. III. Permits, Licenses and Fees, §§ 30-29 – 30-43

Art. IV. Requirements, §§ 30-44 – 30-65

Art. V. Sign Regulations by Zone, §§ 30-66 – 30-79

Art. VI. Nonconforming Signs, §§ 30-80 – 30-91

Art. VII. Administration and Enforcement, §§ 30-92 –
30-104

Art. VIII. Appeals; Variances and Amendments, §§ 30-105 – 30-107

ARTICLE I. IN GENERAL

Sec. 30-1. Title.

This chapter shall be known as the sign ordinance of the city of Lewiston and may be cited as such. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-2. Purpose.

The purposes of these sign regulations are: to encourage the effective use of signs as a means of communications in the city; to maintain and enhance the aesthetic environment and the city’s ability to attract and retain sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse affect of signs on nearby public and private property; and to enable the fair and consistent enforcement of these sign regulations. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-3. Scope.

(a) Except as provided in sections 30-16 and 30-17 of this chapter, no person shall erect, maintain, alter, repair, or move any sign, or cause or permit the same to be done in violation of the provisions of this chapter.

(b) No person in control of any premises in the city shall permit thereon any sign which violates the provisions of this chapter.

(c) Nothing in this chapter is intended to permit the erection or maintenance of any sign at a place or in any manner unlawful under any ordinance or state or federal statute. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-4. Definitions.

(a) For the purposes of this chapter, the following words shall have the meanings indicated unless the context clearly indicates otherwise:

Applicant means a person or entity who applies for a sign permit in accordance with the provisions of this chapter.

Area of sign, in the case of individual letters used as a sign, is ninety (90) percent of the area enclosed within the smallest regular geometric figure needed to completely encompass all letters, insignias or symbols of the sign, including horizontal spacing between letters, insignias or symbols, except as otherwise provided herein.

Attention getters means any device, when visible beyond the boundaries of the property upon which it is affixed, intended to attract the attention of the public, fabricated of, but not limited to, materials such as paper, plywood, fabric, window whitewash, or other light, impermanent material and intended to be displayed temporarily.

Balloon means a temporary sign type where any lighter-than-air or gas-filled balloon is attached by means of a rope or tether to a definite or fixed location.

Banner means a temporary sign type where a fabric sheet of rectangular shape is attached or suspended at two (2) ends or continuously across the long side. Attachment or suspension may be from buildings and/or poles.

Banner, decorative means a banner which contains no text.

Banner, public information means a banner which displays graphics and limited text regarding a special event.

Beacon (also includes search lights and spot lights) means any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same zone lot as the light source; also, any light with one (1) or more beams that rotate or move.

Building front foot means the maximum width of the projected building elevation measured on a straight line parallel to the street or a straight line parallel to the face of the building which has the primary entrance. In the event that a building fronts on two (2) or more streets, the property owner shall be given the option of selecting one (1) street frontage for the purpose of computing allowable sign area.

Building marker means any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.

Building official means the officer or other designated authority charged with the administration and enforcement of the International Building Code.

Building wall means the individual sides of a building.

Business front foot means the lineal distance of the building space occupied by the particular business measured on a straight line parallel to the street. Where a business does not parallel a street, the front foot shall be measured along the exterior of the building space occupied by the particular business.

Cabinet means a three (3) dimensional structure which includes a frame, borders and sign panel face and may include internal lighting upon which the sign letters and logos are placed or etched, and is architecturally integrated with the building.

Change panel means a sign designed to permit immediate change of copy with language other than the name of the business.

City council means the elected governing body for the city of Lewiston, Idaho.

Commercial message means any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Commission means the planning and zoning commission of the city of Lewiston.

Community development director means the official charged with the administration and enforcement of the sign ordinance.

Community event/activity means local events/activities of community-wide interest which will occur on a designated date or during a limited period of time.

Copy means the graphic content of a sign surface in either permanent or removable letter, pictographic, symbolic, or alphabetic form.

Cutout means a type of display in the form of letters, figures, characters, representations, or other in cutout or irregular form attached to or superimposed upon a sign or advertising sign.

Director means the community development director of the city of Lewiston.

Display surface area means the net geometric area enclosed by the display surface of the sign including the outer extremities of all letters, characters and delineations; provided, however, “display surface area” shall not include the structural supports for freestanding signs.

Erect means to build, construct, attach, hang, place, suspend, or affix, and shall also include the painting of wall signs.

Festoon means a decorative chain or strip hanging between two (2) points.

Flag means a fabric sheet of square, rectangular or triangular shape which is mounted on a pole, cable or rope at one (1) end.

Flag, decorative means a flag which contains no text or graphics.

Frontage means the length of the property line of any one (1) premises along a public right-of-way on which it borders.

Height (of a sign) means the vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less.

International Building Code means the most recent edition of the International Building Code, published by the International Conference of Building Officials, adopted by the city of Lewiston.

Logo means a graphic symbol representing an activity, use or business. Permitted logos shall be registered trademarks or symbols commonly used by the applicant, and may include graphic designs in addition to lettering. Applicant shall provide stationery or other supporting documents illustrating use of the logo.

Maintenance means, for the purposes of the chapter, the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign.

Mall means any concentration of retail stores and/or service establishments which share customer parking areas and are located within an enclosure having public walkways whereby a customer in one store or establishment may walk to another store or establishment without leaving the enclosure.

Mall, automobile means a business location wherein the principal business activity is the sale of motor vehicles, and consists of single and/or adjacent properties wherein the property owner/lessee has the ownership of franchises to sell motor vehicles.

Marquee means any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.

Multiple business center/shopping center/mall means a group of retail businesses and services on a single development site with common parking facilities.

Multiple tenant commercial building means a commercial development in which there exists two (2) or more separate commercial activities, in which there are appurtenant shared facilities (such as parking or pedestrian mall), and which is designated to provide a single area in which the public can obtain varied products and services. Distinguishing characteristics of a multiple tenant commercial building may, but need not, include common ownership of the real property upon which the center is located, common-wall construction, and multiple occupant commercial use of a single structure.

Person means any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.

Planning commission means the Lewiston planning and zoning commission.

Projected building face means a calculation of the maximum lineal footage of the building front times the maximum height of the building.

Projected elevation area means the total area of the building face as projected to an imaginary plane parallel to the primary direction of the building face.

Public property, unless otherwise expressly provided, means any and all real or personal property over which the city or other governmental entity has or may exercise control, whether or not the city or other governmental entity owns the property in fee, and it includes, but is not limited to, public buildings, public streets, alleys, sidewalks, rights-of-way and improved or unimproved land of any kind and all property appurtenant to it.

Shopping center means two (2) or more retail stores and/or service establishments, or one (1) retail store and one (1) service establishment, sharing customer parking areas, regardless of whether said stores and/or establishments occupy separate structures or are under separate ownerships.

Sign means any device for visual communication which is used or is intended to attract the attention of the public, when the display of this device is visible beyond the boundaries of the public or private property upon which the display is made. The term “sign” shall not include any flag or badge or insignia of the United States, state of Idaho, Nez Perce County, city of Lewiston, or official historic plaques of any government jurisdiction or agency.

Sign, abandoned means a sign located on a property or premises which is vacant and unoccupied for a period of three (3) months, or a sign which is damaged, in disrepair, or vandalized and not repaired within ninety (90) days of the date of the damaging event.

Sign, animated means any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Sign, architectural means a sign incorporated into an architectural element such as an archway, fountain or sculptured garden which is integrated with, but subordinate to, the overall architectural element.

Sign, billboard means an outdoor advertising sign on which space is leased or rented by the owner thereof to others for the purpose of conveying a commercial or noncommercial message.

Sign, building means any sign attached to any part of a building, as contrasted to a freestanding sign.

Sign, canopy means any sign that is a part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy.

Sign, center freestanding means a sign which identifies the name of a multiple business center/shopping center/mall as well as collectively advertising individual businesses/tenants located within the complex.

Sign, changeable copy means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign. A sign on which the message changes more than eight (8) times per day shall be considered an animated sign and not a changeable copy sign for the purposes of this chapter. A sign on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a “time and temperature” sign and not a changeable copy sign for the purposes of this chapter.

Sign, community event/activity means a temporary sign which advertises a special event of community-wide interest such as, but not limited to, shows, exhibitions, sporting events, runs, bicycling events, and other similar events.

Sign, contractor or subcontractor means the temporary signs which identify the contractor or subcontractor engaged in the construction, reconstruction or repair of a building or buildings on a lot or parcel of property.

Sign, development means a temporary sign used to identify an approved future development.

Sign, directional means a sign of a noncommercial nature which directs the reader to the location of public or educational institutions, or to the location of historical structures or areas, or to the location of public parks or buildings.

Sign, freestanding means a sign which is attached to or a part of a completely self-supporting structure. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary. Freestanding signs eight (8) feet or less in height in all zones are defined as ground monument signs or ground signs (see definitions for Sign, ground monument and Sign, ground).

Sign, garage/yard sale means a temporary sign for private sale of personal property used to dispose of personal household possessions. Not for the use of any commercial venture.

Sign, ground means a sign which is supported by more than one (1) upright pole or brace in or upon the ground.

Sign, ground monument means a sign not visibly supported by poles or posts and which is attached directly to the ground and does not exceed eight (8) feet in height measured from the normal sidewalk grade or highest adjacent existing grade.

Sign, illegal means any sign not complying with the requirements of Chapter 30 of the Lewiston City Code, other than nonconforming signs.

Sign, incidental means a sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as “no parking,” “entrance,” “loading only,” “telephone,” and other similar directives. No sign with a commercial message legible from a position off the zone lot on which the sign is located shall be considered incidental.

Sign, marquee means any sign attached to, in any manner, or made a part of a marquee.

Sign, message means a sign giving information on time, date, temperature, or changing messages by means of alternate illumination or bulbs, lamps, or tubes contained in the sign.

Sign, nonconforming means a sign erected legally and existing at the effective date of the adoption of the ordinance codified in this chapter which could not be built under the terms of this chapter.

Sign, off-premises means a sign which is located on property other than where a business is located, the product is sold, or the service is offered.

Sign, on-premises means a sign which advertises only the business or the goods, products, facilities, or services located on the premises on which the sign is located, and shall also mean and include a sign advertising the sale of or lease of the property on which the sign is located.

Sign, permanent means a sign which is intended to be and is so constructed as to be a lasting and enduring condition remaining unchanged in character, condition (beyond normal wear) and position, and in a permanent manner fixed to the ground, wall or building.

Sign, pole or pylon means a sign which is attached to or a part of a completely self-supporting structure and exceeds eight (8) feet in height. The supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary.

Sign, political means a temporary sign which supports candidates for office or urges action on any other matter on the ballot of primary, general and special elections.

Sign, portable means any sign type not permanently attached to the ground or other permanent structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs converted to “A” or “T”-frames; menu and sandwich board signs; umbrellas used for advertising; benches used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

Sign, portable readerboard means a sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face or the surface of the sign and not permanently attached to the ground or other permanent structure, and designed to be transported by wheels or other means.

Sign, principal means a primary, permanent, on-premises sign designed to identify or advertise the business or industry.

Sign, projecting means any sign affixed to a building or wall in such a manner that its leading edge extends more than eighteen (18) inches beyond the surface of such building or wall.

Sign, real estate means a temporary sign offering property or homes for sale, lease or rent.

Sign, residential entry means a sign that is placed at the entrance to a multifamily, duplex development, manufactured home park, or single-family development only in order to identify the name of the development and addressing of buildings.

Sign, roof means a sign erected upon or above a roof or a parapet of a building or structure.

Sign, sale, lease or rent means temporary signs which indicate that a premises, building or vacant lot is currently for sale, lease or rent.

Sign, secondary means an incidental, on-premises sign.

Sign, shingle means a sign suspended from a roof overhang of a covered porch or walkway which identifies the tenant of the adjoining space.

Sign, snipe means a sign or poster affixed to a tree, fence, utility pole, streetlight, or placed on any public property or public right-of-way.

Sign, street art means a three (3) dimensional, inanimate object that is not merchandise, not more than thirty-six (36) inches in height and not more than twenty-four (24) inches in width or length, non-electrified, used to attract the attention of the public, and placed in conformance with section 30-71.

Sign structure means any structure which supports, or is capable of supporting, a sign as defined in this chapter. A sign structure may be a single pole and may or may not be an integral part of a building.

Sign, subdivision means a temporary sign offering property or homes for sale, lease or rent in a defined subdivision.

Sign, temporary means any sign that is used only temporarily and is not permanently mounted.

Sign, traffic directional means signs used at driveways to improve public safety and to enhance public access to the site from public streets. This sign provides information which will assist the operators of vehicles in the flow of traffic. Such signs may use names, logos, or symbols of buildings, businesses, activities, uses or places as a means of direction.

Sign, wall means any sign attached parallel to, but within eighteen (18) inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building, and which displays only one (1) sign surface.

Sign, window means any poster, cut-out letters, painted text or graphics, or other text or visual presentation affixed to or placed behind a window pane which is placed to be read from the exterior of a building.

Special event means a promotional event such as, but is not limited to, bazaars, street fairs, shows, exhibitions, sporting events, runs, bicycling events, and other similar events.

Street frontage means the distance for which a lot line of a zone lot adjoins a public street, from one (1) lot line intersecting said street to the furthest distant lot line intersecting the same street.

Structure means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner.

Sum total sign area means aggregate area of all signs for any individual use (excluding traffic directional signs). In every event, computation of allowable sign area includes all existing signs on the premises, whether such signs be conforming or nonconforming unless specifically excepted by terms of this chapter.

Zone means those zone districts as designated by the zoning ordinance of the city of Lewiston.

Zone lot means a parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning ordinance. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00; Ord. No. 4361, § 1, 8-23-04)

Secs. 30-5 – 30-15. Reserved.

ARTICLE II. EXEMPT AND PROHIBITED SIGNS

Sec. 30-16. Exempt signs.

The following signs, symbols, numbers, notices, and signals are exempt from regulation under this chapter:

(1) Signs, signals, or notices erected or maintained by or under authority of federal, state or local government entities. This exemption also includes banners, decorations, or signs across public streets when approved by the public works administrator or his designee as to public need, safe erection, and maintenance, and compliance with state law.

(2) Signs erected to warn the public of danger, or prohibiting or limiting access to the premises, on which the sign is located.

(3) Permanent building plaques, corner stones, name plates, and similar building identifications.

(4) Signs not visible from a street, highway, or public alley.

(5) Customary and usual Christmas decorations.

(6) Flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one (1) or more of these conditions shall be considered a banner sign and shall be subject to regulation as such. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00)

Sec. 30-17. Partially exempt signs.

(a) Signs located within a building and which are placed not to be read from the exterior are exempt from all requirements except those restricting sign illumination.

(b) Directional signs indicating substantial or recognized commercial, recreational, historic, or scenic areas, or identifying individual attractions or businesses within such areas, when approved by the director as to size, placement, copy, illumination, need, and suitability to the area where the signs are to be erected or maintained. When in the public right-of-way, these signs must be installed by direction of a traffic order from the public works director.

(c) Directional on-premises signs located entirely on private property and used only to identify and locate an office, entrance, exit, telephone, or similar place, service, or route, and further limited to a maximum area of eight (8) square feet.

(d) Directional off-premises signs for commercial use shall be permitted by conditional use only. This requirement does not apply to billboard copy. Billboards shall comply with section 30-51.

(e) Real estate signs advertising the sale, rental, or lease of the property or premises to which they are attached, and limited to four (4) square feet in residential zones or thirty-two (32) square feet in commercial and manufacturing zones, not to exceed one (1) year.

(f) Open house real estate signs located on private property and outside any vision clearance areas established by any ordinance, with the consent of the person upon whose property the signs are located, and further limited to an area of six (6) square feet and a maximum dimension of four (4) feet, for a period of ninety (90) days.

(g) In addition to sections 30-16 and 30-17, the following activities do not require a sign permit: Changing of the advertising copy or the advertising message on theater marquee or readerboard type sign or other similar signs specifically designed for the use of replaceable copy.

(h) Permanent and temporary window signs (except in residential zones); provided, that permanent signs shall not exceed twenty-five (25) percent of the window area, and the combined total copy area of temporary and permanent signs shall not exceed fifty (50) percent of the total window area. Permanent window signs exceeding twenty-five (25) percent of the window area shall require a permit and shall count toward the maximum areas allowed. Such signs are not exempt from requirements restricting sign illumination. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00)

Sec. 30-18. Prohibited signs.

No sign shall be constructed, erected, or maintained:

(1) Except according to the standards of the International Building Code, as adopted by the city. Where specific standards are specified in this chapter, such signs and structures shall comply with the requirements of this chapter instead of the International Building Code, and shall be subject to a request for variance from the city planning commission;

(2) Without the permission of the city, if located on public property, or of the person rightfully in possession of private premises when erected thereon;

(3) So as to prevent free ingress or egress from any door, window, or fire escape. No sign of any kind shall be attached to a standpipe or fire escape;

(4) Which has less horizontal or vertical clearance from communications lines and energized electrical power lines than that prescribed by the laws of the state of Idaho or rules and regulations duly promulgated by agencies thereof;

(5) An off-premises sign which has been tacked, painted, pasted, or that is otherwise affixed, visible from a public way, or is located on the walls of a building, barns, sheds, on trees, utility poles, posts, fences, or other structures;

(6) That is a statue, real or simulated, utilized for advertising purposes;

(7) Any vehicle or trailer that is parked on a public right-of-way or public property or on private property so as to be visible from a public right-of-way which has attached thereto or located thereon any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business or activity located on the same or nearby property. This provision is not intended to apply to standard advertising or identification practices where such signs or advertising devices are painted on or permanently attached to a business or commercial vehicle or trailer;

(8) That are the following sign types:

(a) Abandoned signs;

(b) Reserved;

(c) Signs imitating or resembling official traffic or government signs or signals;

(d) Snipe signs or signs attached to trees, litter containers, utility poles, public benches, streetlights, or placed on any public property or public right-of-way;

(e) Portable signs. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00; Ord. No. 4361, § 2, 8-23-04)

Secs. 30-19 – 30-28. Reserved.

ARTICLE III. PERMITS, LICENSES AND FEES

Sec. 30-29. Permits.

(a) Except as provided in Article II of this chapter and except for temporary signs listed in section 30-54 of this chapter, and except for theater marquees or readerboard type signs or other similar signs designed for the use of replaceable copy (this exemption shall include changeable copy sign types like billboard display surface areas, and changeable copy portion of ground monument type signs), no person shall erect, replace, or reconstruct any sign nor make any structural alteration thereon unless a sign permit has been obtained therefor.

(b) Applications for a sign permit shall be made in writing upon forms furnished by the community development department. Such applications shall contain the location of the sign by street and number, as well as the name and address of the sign owner. The director may require the filing of plans or other pertinent information where, in his judgment, such information is necessary to ensure compliance with safety regulations and this chapter.

(c) Where electrical permits are required for sign installation, they shall be obtained from the building official prior to making the final electrical connections from the sign to the electrical power source. Signs containing electrical wiring shall be subject to the provisions of the National Electrical Code, and the electrical components used shall bear the label of an approved agency.

(d) Separate permits shall be obtained for construction, installation or modification of all sign structures; applications shall be obtained from the permit center. Sign structures shall be designed and constructed as required by the International Building Code.

(e) The fees for sign permits and plans for the period beginning October 1, 2003, shall be:

(1)	Master signage plan	$117.08
(2)	Billboard permit	$234.16
(3)	Wall, window, roof or projecting sign permit	$87.81
(4)	Pole or pylon sign permit	$152.20
(5)	Ground sign permit	$87.81
(6)	Replacement sign permit	$58.54
	The replacement sign permit fee is collected when a new business utilizes an existing conforming sign structure, sign location and sign footing, and changes only the sign face/copy.

(7) All fees shall be assessed as set forth herein. Beginning October 1, 2004, and each succeeding October 1st, thereafter, all sign permit fees shall be increased by the same percentage as the increase in the consumer price index as published by the United States Department of Labor or other federal agency for the preceding twelve (12) months ending on the prior May 31st.

(f) Permits shall be issued upon application duly made, along with the payment of the required fee and compliance with the provisions of this chapter.

(g) A sign permit shall be valid for a period of six (6) months from the date of issuance. All work under that permit shall be completed within that period of time.

(h) An existing business is not required to obtain a sign permit if only changing the sign face/copy on an existing sign structure. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4333, § 4, 8-25-03; Ord. No. 4361, § 3, 8-23-04)

Sec. 30-30. Sign installer license.

(a) No person shall engage in the business of erecting or of maintaining any signs requiring a permit under this chapter without first obtaining a sign company business license therefor from the community development department. Electrical licenses required by Idaho Code, Title 54, Chapter 10, shall be required.

(b) Before any permit is granted to any person for the purpose of erecting, removing, servicing, or maintaining of roof signs, wall signs, or billboards which project over or face upon any public street or which may become dangerous to the public, within the corporate limits of the city, such person shall execute and deliver to the clerk a surety bond in the sum of fifty thousand dollars ($50,000) per person and one hundred thousand dollars ($100,000) per occurrence in favor of the city, with a surety authorized to do business in the state of Idaho, or, execute and deliver to the clerk an insurance certificate in the sum of five hundred thousand dollars ($500,000) per person and one million dollars ($1,000,000) per occurrence in favor of the city and naming the city of Lewiston as an additional insured party, with a insurance carrier authorized to do business in the state of Idaho, which bond or policy shall be conditioned upon the applicant holding and saving harmless the city from any acts which he may do or suffer to be done under such a permit.

(c) License fees shall conform with the provisions of Chapter 21 of this code. (Ord. No. 4216, § 2, 8-10-98)

Cross reference – Licenses, Ch. 21.

Secs. 30-31 – 30-43. Reserved.

ARTICLE IV. REQUIREMENTS

Sec. 30-44. Illumination.

(a) Except for message signs regulated under subsection (b) of this section, no sign shall employ, use, or contain any reflective type bulb, strobe light, or incandescent lamp if the incandescent lamp exceeds eleven (11) watts when clear or forty (40) watts colored bulb when light or lamp is exposed to direct view from a public street or public alley. Reflective and other high intensity illumination may be used for indirect illumination of signs.

(b) Message signs shall not employ reflective type bulbs or incandescent lamps exceeding forty (40) watts unless approved by the building official as complying with the requirements of this chapter.

(c) No sign shall employ, use, or contain any zip light, rotary beacon or similar devices.

(d) No sign shall employ on-and-off group-flashing incandescent lamps. Incandescent lamps may not be grouped closer than four and one-half (4-1/2) inches center to center on any sign other than time and temperature displays. Chaser type incandescent lamps are permissible.

(e) Fluorescent and neon illumination shall be prohibited within residential zones or in other zones when the sign is within fifty (50) lineal feet of a dwelling unit, except a hotel or motel.

(f) Fluorescent and neon illumination shall be permitted within areas zoned commercial, port or industrial where the property across the street or within one hundred (100) lineal feet is zoned commercial or more restrictive. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-45. Rotation and mechanical activation.

(a) Except for message signs, no signs which rotate or have mechanically activated parts shall be illuminated with flashing or intermittent light.

(b) No rotating sign shall revolve at a greater speed than nine (9) RPM. This requirement shall apply to any major rotating sections of a sign which, for the purpose of this subsection, are those encompassing more than ten (10) percent of the total sign area. This provision shall not apply to tri-action billboards which utilize a system to rotate individual vertical elements with three (3) surfaces, which when rotated changes the entire copy surface area. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-46. Marquee signs.

Signs located on the roof of a marquee shall be considered as roof signs, but shall be limited to a height of three (3) feet. Signs located on the faces of a marquee shall be considered as wall signs. One marquee or shingle type sign per business may be located under a marquee if a vertical clearance of seven (7) feet, six (6) inches is maintained between the sign and the grade below. Under marquee signs shall be limited to a vertical height of fourteen (14) inches and maximum sign area of eight (8) square feet. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-47. Projecting signs.

(a) Except for barber poles, which may project over public property or private property two (2) feet, no sign shall project below a ten (10) foot clearance between the sign and the grade below. Projecting signs may project over public property a maximum of two-thirds (2/3) distance to curb but in no case closer than two (2) feet of the back of the curb.

(b) To prevent blanketing or the blocking of the view of one projecting sign by another adjacent projecting sign, a spacing distance of fifteen (15) feet shall be maintained between the first erected and any later erected sign.

(c) Reserved.

(d) The maximum sign area of that portion of a projecting sign which projects over public property shall be sixty (60) square feet.

(e) Signs projecting over a driveway or other vehicle access shall have a minimum clearance of fifteen (15) feet over the grade below. Signs projecting over an alley shall be limited to a maximum projection of three (3) feet.

(f) Only one (1) projecting sign per frontage shall be permitted. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00)

Sec. 30-48. Roof signs.

(a) Roof signs shall be subject to the requirements of the International Building Code on fire-fighting access.

(b) Roof sign height shall be limited to one-half (1/2) the height of the structure or ten (10) feet, whichever is less. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4361, § 4, 8-23-04)

Sec. 30-49. Wall signs.

(a) Wall signs may not project more than eighteen (18) inches from the wall to which they are attached. On an alley frontage, no wall sign shall project below a height of fifteen (15) feet above the grade below.

(b) Where a building houses only one (1) business, a maximum of three (3) wall signs may be placed on one wall, but no more than four (4) wall signs may be placed on the entire building. The display surface area of all wall signs on any one (1) wall shall not exceed ten (10) percent total area of the wall on which they are located.

(c) Where a building houses more than one (1) business, wall signs shall be limited in number to one (1) wall sign per business on a wall with a limit of two (2) wall signs per business per building. The size of any one (1) business sign shall be no larger than sixty (60) square feet, with the display surface area of all wall signs on any one (1) wall shall not exceed ten (10) percent total area of the wall on which they are located. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-49.1. Ground monument signs.

The width of ground monument signs shall not exceed ten (10) percent of the lot width, however, in no case shall the sign exceed eighteen (18) feet in width and shall not exceed eight (8) feet in height measured from the normal sidewalk grade or highest adjacent existing grade. The number of ground monument signs shall be limited to one (1) per street frontage. Two (2) ground monument signs will be permitted on corner lots and double frontage lots provided the total square footage of both signs does not exceed the maximum square footage of signs allowed. No off-premises advertising is permitted on ground monument signs or on reader boards attached to ground monument signs. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00)

Sec. 30-49.2. Pole/pylon signs.

Limited to one (1) per street frontage. The height of pole-pylon signs is limited to forty (40) feet. Signs exceeding forty (40) feet in height may be permitted by variance only. Signs are limited to a sign area of two (2) square feet for each foot of lot frontage or sixty (60) square feet, whichever is larger, but shall not exceed a maximum of two hundred (200) square feet. If the sign identifies the name of a multibusiness premises, the area of the sign may be increased by up to one hundred (100) square feet; provided, the area devoted to individual businesses within the premises shall be limited to no more than two-thirds of the total sign area. Signs over a driveway or other vehicle access shall have a minimum clearance of fifteen (15) feet to the grade below. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00)

Sec. 30-49.3. Name plate or home occupation signs.

One name plate or home occupation identification sign is permitted for each dwelling. The sign shall be no more than one and one-half (1 1/2) square feet in area and shall not be illuminated. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-49.4. Sign identifying a conditional use (other than a home occupation) in a residential zone.

(a) Identification sign. The sign shall be limited to the identification of the business by name and address and shall not name a product or service by brand or trade name, unless such brand or trade name is part of, or synonymous with, the name of the business.

(1) The sign shall be a ground monument or wall sign attached to the building only. No pole sign shall be permitted.

(2) The sign shall be limited to a maximum surface area of thirty-two (32) square feet and to a maximum height of eight (8) feet.

(b) Directory signs. Directory signs may be used to guide pedestrians to individual businesses within a multiple tenant complex or development. Directory signs shall be placed only within the interior of the multiple tenant complex or development.

(1) A directory sign may have a maximum area of two (2) square feet for each business located within the multiple tenant complex or development or four (4) square feet for the name of the building or complex.

(2) Directory signs shall not exceed five (5) feet in height and may be freestanding.

(3) The number and location of directory signs shall be determined by the community development department.

(c) Development entry signs. Development entry signs may be used to identify subdivisions or other substantial developments of a similar nature. Such signs shall be constructed of brick, stone, concrete, metal or other similar durable material.

(1) The sign shall be limited to the identification of the development by the name and shall not name a product or service by brand name or trade name unless such brand or trade name is part of, or synonymous with, the name of the development.

(2) The sign shall be a ground monument or wall sign only; no pole signs shall be permitted.

(3) The sign shall be limited to a maximum surface area of thirty-two (32) square feet and to a maximum height of eight (8) feet.

(4) The number and location of development entry signs shall be determined by the director.

(5) Signs may have illumination of the display area when properly shielded from direct glare onto streets and adjacent properties. Sign illumination shall be directed away from and shall not be reflected into adjacent premises.

(6) Signs shall not obstruct the clear vision area at any intersection.

(d) Church bulletin board. In addition to the signs permitted in the zone in which it is located, a church may have a bulletin board not exceeding twenty (20) square feet in area and set back ten (10) feet from the property line and not exceeding a height of twelve (12) feet. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00; Ord. No. 4361, § 5, 8-23-04)

Sec. 30-49.5. Residential entry signs.

(a) The sign shall be limited to a maximum surface area of thirty-two (32) square feet and be a maximum height of eight (8) feet.

(b) Signs may have illumination of the display area when properly shielded from direct glare onto streets and adjacent properties. Sign illumination shall be directed away from and shall not be reflected into adjacent premises. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00; Ord. No. 4361, § 6, 8-23-04)

Sec. 30-49.6. Window signs.

The maximum area of all window signs and if obviously intended for viewing from the exterior shall be the same as for a wall sign. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-50. Combination signs.

Where signs combine the features of two (2) or more types of regulated signs, the signs shall comply with the applicable regulations for all of the types of signs involved. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-51. Billboards.

Billboards shall be permitted provided they comply with the following development standards and procedures:

(1) Applications for the construction or relocation of billboards shall include an attachment with the signatures and comments of all property owners and residents immediately adjacent to the proposed site. The applicant shall provide a notice of intent to place a billboard to all adjacent property owners. The notice shall have a site plan attached clearly indicating the location of the proposed billboard and shall indicate the distance to the property lines. The notice shall contain the address of the proposed location, a description of the size of the billboard and the overall height of the structure. The notice shall be signed and dated by the applicant. The applicant shall also provide at the time of application an acknowledgement of the notice of intent to place a billboard signed and dated by all adjacent property owners. It is the applicant’s responsibility to verify that all adjacent property owners are notified. The adjacent property owners shall have fifteen (15) days within which to provide written comments to the Community Development Director concerning the proposed placement. The Community Development Director shall review all written comments to and make a decision within fifteen (15) days following the close of the comment period to either issue or deny the permit. The Community Development Director’s review and decision shall be limited to compliance with the requirements as provided herein. Appeals of the Directors’ decision shall be made as provided for in section 30-105 of this chapter. The decision by the Director may be appealed to the Planning and Zoning Commission by the person who initiated the action or by a property owner whose property is adjacent to the property on which the billboard is proposed. If a property owner or resident is unavailable to review the site plan, the applicant may submit a signed statement verifying that he was unable to contact the subject owner or resident. Post office receipt(s) for certified letter to the property owner or resident may also be provided to satisfy this requirement.

(2) An application for a demolition permit must be filed with the building department at least forty-eight (48) hours before the billboard sign is to be removed.

(3) Billboards shall conform to the following general requirements:

(a) Allowable zone. Billboards shall only be placed within the billboard overlay zone as described in the Lewiston Zoning Ordinance.

(b) Size. The maximum allowable area of billboards shall not exceed three hundred seventy-eight (378) square feet, plus cutouts. Cutouts nay extend beyond the display surface up to five (5) feet above, two (2) feet to either side or one (1) foot below and add up to no more than one-third (1/3) additional area to the sign but not separate from display designs.

(c) Height. The maximum allowed height of billboards shall not exceed thirty (30) feet above street elevations, excluding cutouts, except by approval of the planning commission.

(d) Spacing between billboards. There shall be five hundred (500) feet between all billboards located on the same street or highway, measured along the centerline of the right-of-way, regardless of what side of street the billboards are located.

(e) Number of faces. No billboard shall have more than two (2) sign faces, except that tri-action sign faces shall be allowed and counted as one face.

(f) Public property. No billboard shall be placed on or over public property.

(g) Materials. Billboards erected after the effective date of the establishment of the billboard overlay zone shall have primary structural members of metal or other materials as may be approved by the city building official.

(h) Billboard free zones. Billboards shall not be allowed in any area not zoned for billboards pursuant to Chapter 37 of this code.

(i) Construction at intersections. No billboard shall be constructed within one hundred fifty (150) feet of an intersection, measured perpendicular to the near right-of-way line for the crossing street, on a principal arterial, minor arterial or collector street, as designated on the most recent Urban Functional Classification Map.

(j) Illumination. Billboards may be illuminated by indirect lighting only and the source of the lighting shall not be observable from any location surrounding the billboard. No billboard shall contain any blinking lights or movable parts, except that tri-action sign faces shall be allowed.

(4) Application for permit. Application for a permit shall be made to the director upon a form provided by the community development department and shall be accompanied by such information as may be required to assure compliance with all appropriate laws and regulations of the city.

(5) The director shall deny an application for a billboard which does not comply with all appropriate laws and regulations of the city and shall provide written notice along with the reasons for the denial. The director shall, in writing, suspend or revoke a permit when it is found that the permit was issued on the basis of fraud or misstatement of fact.

(6) In the event a billboard is damaged or destroyed for any reason, the damaged billboard shall be repaired or the debris of the destroyed billboard shall be removed within fifteen (15) days of the damage or destruction. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00)

Sec. 30-52. General standards for sign placement.

(a) Supporting structures for all signs shall be on private property.

(b) Signs shall not be placed so as to create an obstruction in a clear vision area or a sight distance safety area.

(c) Signs containing electrical wiring shall be subject to the provisions of the National Electrical Code, and the electrical components used shall bear the label of an approved agency.

(d) Signs and sign structures shall be designed and constructed to resist wind forces as specified in the International Building Code.

(e) All signs, together with all of their supports, braces, guys and anchors shall be kept in good repair and be maintained in a safe condition. All signs and the site upon which they are located shall be maintained in a neat, clean and attractive condition. Signs shall be kept free from excessive rust, corrosion, peeling paint or other surface deterioration. The display surfaces of all signs must be kept neatly painted or posted. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00; Ord. No. 4361, § 7, 8-23-04)

Sec. 30-53. Signs within setback areas and front yards.

(a) Where any permanently erected sign is to be placed within a setback area beyond a legal setback line or in a front yard, a setback removal agreement must be executed as provided in this section. Subject to this requirement, signs may be located beyond a legal setback line or in a front yard in commercial or manufacturing zones or in residential zones.

(b) The owner of a sign to be located as provided in this section and the owner of the premises must sign a written agreement with the city providing for removal of such signs when necessary for the widening of a street at the expense of the sign owner or to the owner of the premises.

(c) The agreement shall provide that the sign owner and the owner of the premises, his administrators, executors, heirs, successors and assigns, shall be jointly and severally liable for removal of the sign after sixty (60) days’ written notice from the director.

(d) Such notice shall be given only when a public agency is to widen the street into a setback area.

(e) The agreement shall further provide that if the persons responsible for removal of the sign do not remove it, the city may do so at the expense of such persons and that the expense may be a lien against such land or premises and may be collected in the manner provided by Idaho Code, Section 50-1008.

(f) The agreement shall also provide that the owner of the affected premises and the owner of the sign shall not be entitled to any damages or compensation on account of moving or removing the sign.

(g) This provision shall not be construed as denying the owner of such property the right to compensation for any land taken in widening of the street.

(h) The agreement shall be acknowledged before an officer authorized to take acknowledgements to deeds.

(i) The clerk shall cause such agreements to be recorded at the office of the county recorder. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-54. Temporary signs.

In all zone districts, temporary signs are permitted subject to the following regulations:

(1) Community event/activity sign. Community event/activity signs are permitted within the jurisdiction of the city when approved by the director. Copy shall be limited to activities of churches, service clubs, or similar groups, or other special events, such as fairs, races, runs, bazaars, etc., and shall meet the following criteria:

(a) Placement of signs shall be at locations approved by the director. If placed on private property, the property owner’s written approval must accompany the request. Signs may also be placed in permanent sign frames provided by the city. Signs must meet the size requirements of the frames provided. Placement of signs in the provided frames are to be on a first-come, first-served basis and will depend on the number of sign frames available;

(b) Signs are to be placed no more than ten (10) working days before the event and removed within three (3) working days after the event;

(c) No more than seven (7) signs may be placed to advertise any one (1) event; preferably one (1) in each designated city neighborhood as shown in the comprehensive plan.

(d) A permit for such signs shall be issued by the director;

(e) Such signs shall be limited to thirty-two (32) square feet in area.

(2) Subdivisions signs. Signs having homes or property for sale, limited to the greater of sixteen (16) square feet or two (2) square feet per lot or property for sale up to a maximum of thirty-two (32) square feet to be permitted for one (1) year, subject to renewal.

(3) Real estate signs. Signs advertising the sale, lease, or rental of the property on which it is located. One (1) such sign is permitted and shall not be more than four (4) square feet in area and shall not be illuminated.

(4) Contractor, subcontractor, and development signs. Signs shall be limited to thirty-two (32) square feet in area. The maximum dimension shall not exceed eight (8) feet. Such signs shall denote only the architects, landscape architects, contractors, or engineers of the development itself. Such signs may be maintained while work is in progress and for thirty (30) days thereafter.

(5) Banners, pennants, balloons, festoons, searchlights, spotlights, beacons and other attention-getters. Signs shall be located entirely on private property and outside any vision clearance area. Searchlights, spotlights and beacons shall be so positioned so as not to shine directly into any public right-of-way or onto or into any building not on the same premises. Searchlights, spotlights and beacons shall also be positioned such that the beam of light shall not cause a glare which can be seen from vehicles and pedestrians in any public right-of-way.

(6) Garage/yard sale signs. The following regulations shall govern garage/yard sale signs.

(a) Size and type. All signs shall be no larger than eight (8) square feet, placed on a single or double stake or other freestanding manner.

(b) Location. No garage/yard sale sign shall be placed, affixed, stapled, glued, taped to any utility pole, street sign, tree, stop sign or fence. No garage/yard sale sign shall be placed in a manner as to interfere with traffic, both vehicular and pedestrian, or interfere with any residential, commercial or industrial property.

(c) Time. No garage/yard sale signs shall be placed any earlier than 6:00 p.m. the night before and must be picked up within one (1) hour after the sale or by 7:00 p.m., whichever comes first.

(7) Political signs. Political signs are permitted to be placed in all zone districts on private property and public right-of-way, subject to the following conditions:

(a) Where signs are otherwise permitted, political sign size shall not exceed thirty-two (32) square feet in total area and a maximum height of eight (8) feet.

(b) Political signs are hereby declared to be a nuisance and an encroachment on the right-of-way and may be removed by a representative of the city without notice to the owner of the sign or abutting property owner except where they meet the following standards:

1. Signs shall not be located in a clear vision area when exceeding thirty (30) inches in height.

2. Signs shall be erected and maintained in such a manner as not to obstruct free and clear vision of pedestrians and vehicular traffic.

3. Signs on public right-of-way shall be erected no sooner than thirty (30) days prior to an election and said signs shall be removed within forty-eight (48) hours after an election. Political signs in the right-of-way not related to an election shall not be posted for more than thirty (30) consecutive days.

4. Owners of signs on private property are encouraged to use the same time restrictions for political signs on public right-of-way. Signs on private property shall not be located in clear vision areas when exceeding thirty (30) inches in height, shall not become a danger to the public and shall not be in such disrepair as to become litter. Any sign on private property that violates the provisions of this section may be removed by a representative of the city after twenty-four (24) hours’ notice to the property owner. Notice shall be by posting a notice on the property. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4263, § 1, 4-17-00; Ord. No. 4465, § 2, 3-12-07)

Sec. 30-55. Special appearance standards for projecting, roof, freestanding, and ground monument signs.

(a) Except as provided in this subsection, no projecting signs shall be supported by a frame, commonly known as an A-frame, or other visible frame located on the roof of a building. other supports, braces, guys, and similar bracing structures shall be kept to a minimum. Where the building official finds that such a frame is required for safe erection and maintenance of a projecting sign from the face of a building, and that there is no other safe or feasible method of supporting such sign, the building official may approve the use of such frame with a minimum of visible supporting members.

(b) The supporting structure of a roof sign erected after the effective date of this chapter shall be completely enclosed, except for vertical poles or supports. A-frame structures, guy wires, open framework, or similar structures shall not be visible from any public street.

(c) Ground monument signs shall be directly supported by foundation supports in the ground. No external cross braces, guy wires, T-frames, trusses, or similar bracing systems shall be used in constructing such signs. Nothing in this subsection prohibits the customary use of standardized outdoor advertising signs with bracing framework to hold the sections of the display surface.

(d) Freestanding signs supporting structure shall be set firmly in or below the ground surface and shall not be attached to any building or any other structure whether portable or stationary. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-56. Total sign area.

Within commercial and manufacturing zones the total surface area of all signs shall not exceed three (3) square feet for each lineal foot of lot frontage or sixty (60) square feet, whichever is larger, unless otherwise regulated by this chapter. In the event a building fronts on two (2) or more streets, the property owner shall be given the option of selecting one (1) street frontage for the purpose of computing allowable sign area. (Ord. No. 4216, § 2, 8-10-98)

Secs. 30-57 – 30-65. Reserved.

ARTICLE V. SIGN REGULATIONS BY ZONE

Sec. 30-66. References to be by zones.

Zones referred to in this article shall be the same as the zone districts created by the city zoning ordinance.

(a) Manufacturing districts shall be the same as Light Industrial (M-1), Heavy Industrial (M-2), and Port (P) Zones of the city zoning ordinance.

(b) Commercial districts shall be the same as Local Commercial (C-1), Tourist Commercial (C-2), Community Commercial (C-3), General Commercial (C-4), Central Commercial (C-5), and Regional Commercial (C-6) Zones of the city zoning ordinance.

(c) Residential districts shall be the same as Suburban Residential (R-1), Low Density Residential (R-2), Low Density Residential (R-2A), Medium Density Residential (R-3), and Higher Density Residential (R-4) Zones of the city zoning ordinance.

(d) Signs shall be allowed on private property in the city in accordance with the provisions of this chapter. Table 30-1, located at the end of this chapter, is provided as a guide only to assist the use of this chapter. The written provisions of this chapter take precedence over Table 30-1. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-67. Reserved.

Sec. 30-68. Signs permitted in residential zones.

(a) Signs allowed. Except as provided by sections 30-16, 30-17 and 30-18 of this chapter, the following signs are permitted in any residential district:

(1) One (1) name plate or home occupation identification sign as provided in section 30-49.3.

(2) One (1) real estate sign advertising the sale, lease, or rental of the property on which it is located as provided in section 30-54.

(3) One (1) subdivision sign advertising the sale of a tract of land or subdivision, or of lots within a subdivision as provided in section 30-54.

(4) Sign identifying a conditional use (other than a home occupation) as provided in section 30-49.4:

a. Identification signs.

b. Directory signs.

c. Development entry signs.

(5) Residential entry sign as provided for in section 30-49.5. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-69. Signs permitted in commercial and manufacturing zones districts.

(a) Signs allowed. Except as provided by sections 30-16, 30-17 and 30-18 of this chapter, the following signs are permitted in any commercial and manufacturing zone, except a Local Commercial Zone (C-1):

(1) Freestanding and ground monument signs as provided in sections 30-49.1 and 30-49.2.

(2) Wall signs as provided in section 30-49.

(3) Marquee or shingle type signs as provided in section 30-46.

(4) Temporary signs permitted by sections 30-54 and 30-71 of this chapter may be erected and maintained.

(5) One (1) alley sign per alley frontage is permitted, but is limited to twenty (20) square feet in area.

(6) Billboards as provided in section 30-51.

(7) Roof signs as provided in section 30-48.

(8) Combination signs as provided in section 30-50.

(9) Projecting signs as provided in section 30-47.

(10) Window signs as provided in section 30-49.6.

(11) Message signs as provided in section 30-44. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4361, § 8, 8-23-04)

Sec. 30-70. Signs permitted in the Local Commercial Zone (C-1).

(a) Signs allowed. Except as provided by sections 30-16, 30-17 and 30-18 of this chapter, the following signs are permitted in the Local Commercial Zone:

(1) Building marker signs as defined in section 30-4;

(2) Canopy signs as defined in section 30-4;

(3) Development signs as defined in section 30-4;

(4) Flags as provided in section 30-16;

(5) Incidental signs as defined in section 30-4;

(6) Garage/yard sale signs as provided in section 30-54;

(7) Ground monument signs as provided in section 30-49.1;

(8) Political signs as provided in section 30-54;

(9) Real estate signs as provided in section 30-54;

(10) Shingle signs as provided in section 30-4;

(11) Subdivision signs as provided in section 30-54;

(12) Temporary signs as provided in section 30-54;

(13) Wall signs as provided in section 30-49;

(14) Window signs as provided in section 30-49.6.

(b) The following signs may be allowed upon approval of the director:

(1) Alley signs as provided in section 30-69;

(2) Banner/pennant/balloon/festoons as provided in section 30-54;

(3) Center/freestanding signs as provided in section 30-72;

(4) Community event signs as provided in section 30-54;

(5) Combination signs as provided in section 30-50;

(6) Freestanding signs as provided in section 30-49.2;

(7) Marquee signs as provided in section 30-46;

(8) Message signs as defined in section 30-4;

(9) Pole/pylon signs as provided in section 30-49.2;

(10) Projecting signs as provided in section 30-47;

(11) Roof signs as provided in section 30-48. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4361, § 9, 8-23-04)

Sec. 30-71. Signs permitted in the Central Business District.

(a) Street art. In addition to those signs permitted by section 30-69, street art signs shall be allowed in the Central Business District of the city, described by the following boundaries:

Commencing at the intersection of Fifth Street and “F” Street, then east on “F” Street to Ninth Street, then north on Ninth Street to “D” Street, then west on “D” Street to Seventh Street, then north on Seventh Street to the railroad tracks to “B” Street, then west on “B” Street to First Street, then south on First Street to Dike Bypass, then west on Dike Bypass to the railroad tracks, then southerly along the tracks to Prospect Avenue, then continuing easterly along Prospect Avenue, Prospect Boulevard and Prospect Boulevard extended to the point of beginning, said point being the intersection of Fifth Street and “F” Street.

Street art signs shall meet the following standards:

(1) Street art signs shall be counted toward the maximum allowable wall sign area; the square footage of the street art shall be calculated by multiplying the greatest width by the greatest height of the object.

(2) One (1) piece of street art shall be allowed per street address. A minimum storefront width of twenty (20) feet is required to be permitted street art.

(3) The street art shall not encroach onto the right-of-way more than two (2) feet and shall not be placed in the right-of-way without an encroachment permit as required by Chapter 31 of this code. Street art shall not be secured to tree guards or tree grates or disturb the sidewalk pavement within the right-of-way. Street art signs shall be placed in an approved location leaving not less than eight (8) feet of clear travelway on a public walkway.

(4) Street art shall be removed at the end of the business day.

(5) Street art shall be located in the front of the business and address named on the sign permit.

(6) Advertising is limited to the business named on the permit. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-72. Signs permitted within a multiple business center/ shopping center/mall, or automobile mall.

(a) Each multiple business center/shopping center/mall shall be allowed one (1) center freestanding sign per street frontage. If the center freestanding sign identifies the name of the center and individual businesses within the center, the area of the sign may be increased by up to one hundred (100) square feet; provided, that the applicant submits a master signage plan, as provided for in section 30-74, for the entire center.

(b) Incidental signs which are oriented primarily to people entering or exiting a center, mall or business premises are permitted in addition to those signs described above.

(c) Automobile mall. Within an automobile mall the following are allowed: An automobile mall is allowed one (1) freestanding sign per manufacturer franchise represented on the site, plus an additional freestanding dealer identification sign not to exceed one hundred (100) square feet. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-73. Signs permitted in Planned Unit Development Zone (PD).

Signage in Planned Unit Development Zones shall comply with one of the following:

(1) The requirements of the development agreement for the particular PUD (planned unit development) within which the use is contained;

(2) The requirements for the zone district the land use would be included in, if zoned other than PD Planned Unit Development.

(3) The requirements of an approved master signage plan. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-74. Master signage plan.

(a) Master signage plan. As an alternative to those requirements elsewhere in this chapter the owner of any commercially or industrially zoned lot may submit for approval a master signage plan in accordance with the following provisions:

(1) No permits shall be issued for an individual sign requiring a permit in a commercial and/or industrial zone district, where more than one (1) business or industry will be located, unless and until a master signage plan for the zone lot which the sign will be erected has been submitted to the community development director and approved as conforming with this section.

(2) Master signage plan. For any commercial or industrial zoned lot on which the owner proposes to erect one (1) or more signs requiring a permit, the owner shall submit to the community development director a master signage plan containing the following:

a. An accurate site plan of the zone lot, at such scale as the director may reasonably require showing:

b. Location of buildings, parking lots, driveways, and landscaped areas on such zone lot;

c. Computation of the maximum total sign area, the maximum area for individual signs, the height of signs and the number of freestanding signs allowed on the zone lot included in the plan under this chapter (the standards contained in section 30-69 of this chapter shall be used in the computations); and

d. An accurate indication on the site plan of the proposed location of each present and future sign of any type, whether requiring a permit or not, except that incidental signs need not be shown.

(3) Limits on number of freestanding signs under master signage plan. The master signage plan, for all zone lots with multiple uses or multiple users, shall limit the number of freestanding signs to a total of one (1) per street frontage. Each sign may identify the name(s) of an individual business or businesses within the zone lot. The sign area of a freestanding sign shall not exceed a maximum area of two hundred (200) square feet. The sign area of one (1) freestanding sign per zone lot, may be increased by up to one hundred (100) square feet, if the sign identifies the name of the business center/shopping center/mall, provided the sign area devoted to individual businesses within the zone lot shall be limited to no more than two-thirds (2/3) of the total sign area.

(4) Consent. The master signage plan shall be signed by all owners or their authorized agents in such form as the director shall require.

(5) Procedures. The master signage plan shall be included in any development plan, site plan, planned unit development plan or other official plan required by the city for the proposed development and may be processed simultaneously with such other plan.

(6) Amendment. A master signage plan may be amended by filing a new master signage plan, for review and approval by the director, that conforms with all requirements of the ordinance then in effect.

(7) Existing signs not conforming to master signage plan. If any new or amended master signage plan is filed for a property on which existing signs are located, it shall include a schedule for bringing into conformance, within one (1) year, all signs not conforming to the proposed amended plan or to the requirements of this chapter in effect on the date of submission.

(8) Binding effect. After approval of a master signage plan, no sign shall be erected, placed, painted, or maintained, except in conformance with such plan, and such plan may be enforced in the same way as any provision of this chapter. In case of any conflict between the provisions of such a plan and any other provision of this chapter, the chapter shall control. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-75. Historic districts.

The standards governing signage in historical districts are contained in Chapter 19.5. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-76. Airport Zone.

Signage in the Airport Zone shall comply with section 37-102 of this code and section 30-69 of this chapter. (Ord. No. 4216, § 2, 8-10-98)

Secs. 30-77 – 30-79. Reserved.

ARTICLE VI. NONCONFORMING SIGNS

Sec. 30-80. Nonconforming signs.

(a) No sign which does not conform to the provisions of this article shall be structurally altered, relocated, or replaced unless it is immediately brought into compliance, except that:

(1) Such signs may be repaired and maintained and may have the advertising copy or display surface thereon changed. Such sign may be removed from its sign structure for the purpose of repair and maintenance under this subsection if a sign repair permit has been obtained.

(2) Such signs may be reconstructed if they are moved for construction or repair of public works or public utilities, and such reconstruction work is completed within one (1) year.

(3) Such signs may be reconstructed if they are damaged by an act of God or an accident; provided, that such damage does not exceed fifty (50) percent of the cost of reconstruction of the entire sign, and provided such sign is reconstructed within six (6) months of the date the sign was damaged.

(4) Such signs may be replaced if, upon application, the planning commission finds that the replacement of the sign would improve the appearance of the sign, sign location or the building, structure, or premises on which the sign is located and agreed, both jointly and severally, to remove the sign at the end of the applicable nonconforming period. The applicant shall provide such information as the planning commission may require.

(b) It is not the intent of this section to permit an increase in the size or number of signs which are nonconforming under this article. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-81. Termination.

Editor’s note – Ord. No. 4361, § 13, adopted Aug. 23, 2004, repealed § 30-81, relative to termination of nonconforming signs, which derived from Ord. No. 4216, § 2, adopted Aug. 10, 1998.

Secs. 30-82 – 30-91. Reserved.

ARTICLE VII. ADMINISTRATION AND ENFORCEMENT

Sec. 30-92. Duties of director.

(a) The director, or designee, is hereby authorized and directed to enforce all of the provisions of this chapter. Upon presentation of proper credentials, the director may enter at reasonable times any building or structure or upon any premises to perform any duty imposed on him by this chapter.

(b) The director may promulgate reasonable rules and regulations necessary to carry out the provisions of this chapter.

(c) The director shall store any sign removed by him for a period of thirty (30) days from the time the person responsible therefor is notified, as provided in this chapter. He shall continue to store such sign for any additional period during which an appeal thereon is before the planning commission or before the council for further appeal. At the expiration of the time specified in this subsection, if the person responsible for the sign or other interested persons have not reclaimed the sign as provided in subsection (d), the community development director may destroy the sign or dispose of it in any manner he deems appropriate.

(d) To reclaim any sign removed by the director, the person reclaiming the sign shall pay to the city an amount equal to the entire costs incurred by the director and the city in seeking compliance with respect to the sign.

(e) All signs may be inspected or re-inspected at the discretion of the director. The director may enter at reasonable times upon the premises of any person licensed under the provisions of this chapter for the purpose of inspecting signs under construction.

(f) Neither the director nor the city shall be liable for any damages for failure to enforce any of the provisions of this chapter. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-93. Removal of signs.

(a) If the director finds that a sign is in violation of this chapter and that the sign, by reason of its condition, presents an immediate hazard to the public, he may without prior written notice order its removal or repair within a period of time he may specify. If, after diligent search within a reasonable time as determined by the nature of the hazard and the immediacy of the threatened harm to persons or property, the director cannot find the person responsible for the sign, then he may remove or authorize others to remove such sign, or make minimum repairs that are necessary to bring the sign into compliance and remove the hazard.

(b) The director may remove other signs which do not conform to all of the provisions of this chapter after thirty (30) days’ written notice to the sign owner, or, if he cannot be found, the owner of the premises on which the sign is located. Notice shall be determined by date of mailing to the last known address of the owner.

(c) Upon refusal or neglect by the responsible person or persons to remove the sign or bring it into compliance after required notice, the director may remove the sign as provided herein. In addition, the cost and expenses of such removal including, but not limited to, notification, efforts to secure compliance, painting out of a sign, sign removal, transportation, and storage, may be a lien against the land or premises on which the sign is located and may be collected or may be foreclosed in the same manner as liens are enforced by the city.

(d) Signs which have been placed illegally without a permit or create an imminent danger to the public may be removed without prior written notice. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-94. Removal of abandoned signs.

Any person who leases or owns a sign, but not one who merely leases space on an advertising sign, shall remove such sign when the advertised business ceases conducting business or the advertised product or service is no longer available at the sign location for on-premises signs or anywhere for advertising signs. Abandoned signs may be removed as nonconforming signs under this chapter, and the cost may be collected as provided herein. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-95. Utilization of pre-existing, abandoned pole sign structures.

Abandoned pole sign structures existing as of the date of the adoption of the ordinance codified in this section may be utilized provided the following criteria are met:

(1) The sign structure is located on a street that is designated as an arterial or minor arterial on the street classification map of the city of Lewiston;

(2) The sign structure, including the foundation, base, pole and cabinet, are in existence as of the date of the adoption of the ordinance codified in this chapter;

(3) Any pre-existing abandoned sign cabinet must be removed from the pole and may not be altered and/or reinstalled at any other location unless it can be demonstrated that it complies with the standards of the International Building Code;

(4) The replacement sign cabinet shall be no larger than and generate no more wind load than the last permitted sign cabinet on the sign pole;

(5) The sign structure may be altered only to repair structural damage that may have occurred since the structure was last used, but the height or size of the sign cabinet shall not be increased.

(6) All other provisions of the sign ordinance, zoning ordinance and building codes of the city shall remain in force. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4361, § 10, 8-23-04)

Sec. 30-96. Severability.

The provisions of this chapter are severable. If any section, sentence, clause, or phrase is ruled by a court to be invalid, the ruling shall not affect the validity of the remaining portion of this chapter. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-97. Investigation fees – Work without a permit.

(a) Whenever any work for which a permit is required by this code has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for such work.

(b) An investigation fee, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the permit fee required by this code. The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law.

(c) The community development director may authorize refunding of any fee paid hereunder which was erroneously paid or collected. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-98. Penalties.

Any person or entity which violates the provisions of this chapter shall be deemed to have committed a civil infraction and for each violation shall be fined not to exceed the sum of one hundred dollars ($100.00). Each day that a violation occurs shall constitute a separate offense. (Ord. No. 4216, § 2, 8-10-98)

Secs. 30-99 – 30-104. Reserved.

ARTICLE VIII. APPEALS; VARIANCES AND AMENDMENTS

Sec. 30-105. Appeals.

(a) Within fifteen (15) days of the director decision regarding the issuance/nonissuance of any sign permit, the aggrieved person may appeal the decision pursuant to final determination of the appeal. Appeals shall be made to the planning and zoning commission. In addition to other authority granted by this chapter, the commission may:

(1) Decide questions arising over interpretation and enforcement of this chapter.

(b) Any aggrieved person by a final determination of the commission may appeal to the city council within fifteen (15) days from the date of the final determination. The council may hold a hearing on the appeal and may modify, uphold, or reverse the decision of the commission. (Ord. No. 4216, § 2, 8-10-98; Ord. No. 4361, § 11, 8-23-04)

Sec. 30-106. Variances.

The commission may authorize variances where it can be shown that the literal interpretation of this chapter would cause hardship. In granting a variance the commission may permit a different sign location or sign size to overcome inherent difficulties or terrain or practical difficulties and unnecessary hardship. In making its determination under this section, the commission shall give due consideration to:

(a) Allowing only the minimum variance necessary to meet the hardship or difficulties;

(b) Finding that the granting of the appeal would not be materially detrimental to the purposes of this chapter, be injurious to the characteristics of the zone, district, or property in the vicinity of the premises on which the sign is located, or be otherwise detrimental to the objectives of the city development plans or policies;

(c) Attaching such conditions to the granting of all or a portion of the appeal as necessary to achieve the purposes of this chapter;

(d) Whether or not granting all or a portion of the appeal would materially improve the appearance of the sign, sign location, or the building, structure, or premises on which the sign is located. (Ord. No. 4216, § 2, 8-10-98)

Sec. 30-107. Amendment to sign ordinance.

Upon a recommendation of the commission, the council may amend the sign ordinance in the same manner as amendments to the zoning ordinance may be effected. (Ord. No. 4216, § 2, 8-10-98)

Table 30-1**

Permitted Signs By Type and Zone District

Sign Type	Res.*	C-1	C-2	C-3	C-4	C-5	C-6	M-1	M-2	P	PD	A	HD	CBD
Alley	N	D	S	S	S	S	S	S	S	S	Sp	So	Sl	S
Banner/Pennant/ Balloon/Festoons	N	D	Pj	Pj	Pj	Pj	Pj	Pj	Pj	Pj	Pjp	Pjo	Sl	Pj
Billboard	N	N	N	B	B	B	B	B	B	B	Bp	N	N	N
Building Marker	Pe	Pe	Pe	Pe	Pe	Pe	Pe	Pe	Pe	Pe	Pe	Pe	Pe	Pe
Canopy	N	S	S	S	S	S	S	S	S	S	Zp	So	Sl	S
Center Freestanding	N	D	S	S	S	S	S	S	S	S	Zp	So	N	N
Community Event/Activity	D	D	D	D	D	D	D	D	D	D	D	Do	–	D
Combination Signs	N	D	S	S	S	S	S	S	S	S	Zp	So	–	–
Development	P	P	P	P	P	P	P	P	P	P	P	Po	Pi	P
Directional Off-Premises	N	C	C	C	C	C	C	C	C	C	Cp	Co	C	C
Flag	Pi	Pi	Pi	Pi	Pi	Pi	Pi	Pi	Pi	Pi	Pi	Pio	Pi	Pi
Freestanding	Sa	D	S	S	S	S	S	S	S	S	Zp	So	Sl	S
Home Occupation/Nameplate	Pbd	N	N	S	S	S	S	S	S	S	P	N	Pbd	Pbd
Incidental	Pf	Pf	Pf	Pf	Pf	Pf	Pf	Pf	Pf	Pf	Pf	Pfo	Pf	Pf
Garage/Yard Sale	P	P	P	P	P	P	P	P	P	P	P	N	N	N
Ground Monument	Sa	S	S	S	S	S	S	S	S	S	Zp	So	Sl	S
Marquee	N	D	Sg	Sg	Sg	Sg	Sg	Sg	Sg	Sg	Zp	Sgo	Slg	Sg
Message	N	D	S	S	S	S	S	S	S	S	Sp	So	Sl	S
Off-Premises	N	N	C	C	C	C	C	C	C	C	Cp	Co	N	C
Pole/Pylon	N	D	S	S	S	S	S	S	S	S	Zp	So	Sl	S
Political	P	P	P	P	P	P	P	P	P	P	P	Po	P	P
Portable	N	N	N	N	N	N	N	N	N	N	N	N	N	N
Portable Readerboard	N	N	N	N	N	N	N	N	N	N	N	N	N	N
Projecting	N	D	S	S	S	S	S	S	S	S	Zp	So	Sl	S
Real Estate	P	P	P	P	P	P	P	P	P	P	P	Po	P	P
Residential	Pbd	N	N	N	N	N	N	N	N	N	Zbd	N	Pbdl	Pbd
Residential Entry	S	N	N	N	N	N	N	N	N	N	Sp	N	N	N
Roof	N	D	S	S	S	S	S	S	S	S	Zp	So	Sl	S
Shingle	N	S	S	S	S	S	S	S	S	S	Zp	So	Sl	S
Snipe	N	N	N	N	N	N	N	N	N	N	N	N	N	N
Street Art	N	N	N	N	N	N	N	N	N	N	N	N	Slk	Sk
Subdivision	P	P	P	P	P	P	P	P	P	P	P	N	N	N
Temporary	Sh	Sh	Sh	Sh	Sh	Sh	Sh	Sh	Sh	Sh	Sh	Sho	Slh	Sh
Wall	Pb	S	S	S	S	S	S	S	S	S	Zp	So	Sl	S
Window	Pb	S	S	S	S	S	S	S	S	S	Zp	So	Sl	S

P = Allowed without sign permit	B = Allowed in billboard overlay zone only with sign permit
S = Allowed only with sign permit	D = Allowed with approval of community development director
N = Not allowed	Z = Allowed with approval of planning and zoning commission
C = Allowed by conditional use permit

*Residential (F-2, R-1, R-2, R-2A, R-3, R-4).

**Table 30-1 is provided as a guide only to assist the use of this chapter. The provisions of Chapter 30 take precedence over Table 30-1.

Key to Table

Zoning districts, the headings have the following meanings:

F-2	Agricultural Transitional	C-5	Central Commercial
R-1	Suburban Residential	C-6	Regional Commercial
R-2	Low Density Residential	M-1	Light Industrial
R-2A	Low Density Residential	M-2	Heavy Industrial
R-3	Medium Density Residential	P	Port
R-4	Higher Density Residential	PD	Planned Unit Development
C-1	Local Commercial	A	Airport
C-2	Tourist Commercial	BB	Billboard Overlay
C-3	Community Commercial	HD